PC RES 2006-022 P.C. RESOLUTION NO. 2006- 2
RESOLUTION OF THE PLANNING I I F THE
CITY OF RANCHO PALPALOS VERDES CONDITIONALLY
APPROVING A GRADING PPR L (PLANNING CAS
® Z 2 0400517) FOR 4,463 CUBIC YARDS F
GRADINGFOR THE CONSTRUCTION OF A NEW5,041-
SQUARE-FOOT
,041-
A - T 2-STORY SINGLE-FAMILY RESIDENCE,
LOCATED T 3 142 CARTIER DRIVE
WHEREAS, on September 29, 2004, the applicants, Shamim Abdulalim and Aziz .
Mohammed, submitted an application for Planning Case No.ZON2004-00517 for a grading
approval to allow the construction of a new, 2-story single-family residence on an upslope
lot on Cartier Drive in the Palos Verdes Monaco community; and,
WHEREAS, on March 17, 2006, the application for Planning Case
No. ZON2004-00517 was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that the approval of the requested grading.approval
would have a significant effect on the environment and,therefore,the proposed project has
been found to be categorically exempt (Section 15303(a)); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly-noticed public hearing
on April 25, 2006, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for a grading approval to allow 4,463 cubic yards of grading for
the construction of a new 5,041-square-foot 2-story single-family residence to the subject
property:
A. The grading does not exceed that which is necessary forthe permitted primary use
of the lot. Most of the proposed grading is for cut (4,356 CY) that is roughly split
between the building footprint and the remaining area of the lot, including the
driveway. A relatively small amount of fill (107 CY) is proposed on the slope in the
front-yard setback area. Although a large amount of total grading is proposed
(4,463 CY), the purpose of the grading is to allow the house to be set down into the
existing slope and to maintain the maximum 20-percent driveway slope permitted by
the Development Code. It does not allow for the creation of expansive yard areas
beyond the proposed building footprint.
B. The proposed grading and/or related construction does not significantly adversely
affect the visual relationships with nor the views from the "viewing area" of
neighboring properties. The highest ridgeline of the proposed house will be only
one foot inch (1'-I") above the highest point of existing grade covered by the
structure. The existing homes directly above the subject property are located at
least thirty feet (30'-0") higher than the highest ridgeline of the proposed house.
The lot to the south of the subject property is undeveloped and the views from the
new home under construction to the north are oriented to the west, not toward the
subject property to the south. Overall, the grade of the lot will be generally lower
than the existing condition.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. The existing "natural" contours of the
project site are largely the result of past mass grading for the development of the
neighborhood. With the exception of the building footprint, the driveway and
motorcourt, and a limited area just outside the building footprint, the remainder of
the site will be re-graded to a sloping condition above and below the house that is
similar to the existing condition of the lot.
D. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into the natural topography. The existing "natural"contours of
the project site are largely the result of human alteration in the past, and there are
no significant natural topographic features that would be disturbed by the proposed
grading.
E. For new single-family residences, the grading and/or related construction is
compatible with the immediate neighborhood character. Although it would be the
largest house in the neighborhood, it would be only 28% larger than the average
home and 3% larger than the next largest home. The proposed Mediterranean
architectural style and materials are compatible with most of the homes in the
immediate neighborhood. The bulk and mass of the project will be minimized by the
articulation of the front facade and the setback of the second-floor facade by nearly
fourteen feet (14'-0") from the first-floor fagade. In addition, the project will
significantly exceed the minimum property line setback requirements, which is
compatible with the pattern of development in the neighborhood.
F. The required finding that, in new residential tracts, the grading includes provisions
for the preservation and introduction of plant materials so as to protect slopes from
soil erosion and slippage and minimize the visual effects of grading and construction
P.C. Resolution No. 2006-22
Page 2 of 9
on hillside areas, is not applicable to the proposed project because it is not a new
residential tract.
G. The required finding that the grading utilizes street designs and improvements which
serve to minimize grading alternatives and harmonize with the natural contours and
character of the hillside is not applicable to the proposed project because it does not
involve modifications to streets or other public infrastructure.
H. The required finding that the grading would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of
vegetation is not applicable to the proposed project because there is no evidence of
natural landscape or wildlife habitat on the subject property,which is a vacant lot in
an established single-family neighborhood.
I. The grading conforms to certain City standards for grading on slopes, creation of
new slopes, heights of retaining walls, and maximum driveway steepness.
Specifically, slopes adjacent to the driveway will not exceed 67-percent steepness;
the maximum depth of fill is less than five feet (5-0"); no grading is proposed on
slopes in excess of 50-percent steepness;only one 3Y2-foot-tall downslope retaining
wall is proposed; only one upslope retaining wall less than five feet (6-0") tall is
proposed adjacent to the driveway; and the maximum driveway slope will not
exceed 20-percent steepness.
J. Pursuant to Section 17.76.040(E)(9)(a) of the Rancho Palos Verdes Development
Code, the proposed grading on a slope equal to or exceeding thirty-five percent
(35%)shall be allowed on the subject property because it is a legally subdivided lot
created prior to November 25, 1975, and because the Planning Commission finds
that the grading will not threaten public health, safety and welfare.
K. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development
Code, the proposed 25-foot depth of cut is reasonable and necessary because of
the steepness of the slope on this existing legal lot,which resulted from the grading
of the neighborhood prior to the City's incorporation.
L. Deviations from certain City standards for grading on slope, creation of new slopes,
and heights and number of retaining walls are warranted. Specifically, the slope
above the house is proposed to be 50-percent steepness; two upslope retaining
walls totaling fourteen feet (14'-0") in combined height are proposed; and sideyard
retaining walls up to 8 to 12-feet-tall are proposed. These deviations are warranted
because:
L The criteria of subsections (E)(1) through (E)(8) of RPVDC Section
17.76.040(E) section are satisfied.
P.C. Resolution No. 2006-22
Page 3 of 9
ii. The approval is consistent with the purposes set forth in subsection A of the
City's grading regulations, which stated purpose is to "[permit] reasonable
development of land..."; to "[ensure]that the development of each parcel of
land...occurs in a manner harmonious with adjacent lands..."; and to
"[ensure] that each project complies with the goals and polices of the
General Plan...." The proposed grading and retaining walls are consistent
with these purposes because they will allow reasonable use of the property,
will not adversely affect surrounding properties, and will be consistent with
the Residential 1-2 DU/acre land use designation for the area.
iii. Departure from the standards in subsection (E)(9)will not constitute a grant
of special privileges inconsistent with the limitations upon other properties in
the vicinity. The subject property has an average slope of approximately
forty-one percent (41%). The deep excavations and tall rear- and sideyard
retaining walls will allow the house to be set down into the existing slope, but
will not allow for extensive yard areas surrounding the building footprint. This
is consistent with the pattern of development exhibited by the most-recently
approved homes in the immediate neighborhood (30120 and 30130 Cartier
Drive), while restricting the depth of cut and height and/or number of
retaining walls would prevent the reasonable use of the property. In addition,
retaining walls that deviate from the standards of RPVDC Section
17.76.040(E)(9)will only be readily visible from the subject property, and not
from surrounding properties or rights-of-way.
iv. Departure from the standards of subsection (E)(9)will not be detrimental to
the public safety nor to other property. The City's geotechnical consultant
has granted conceptual approval of the project, and additional review and
analysis will be required before the soil engineering report for the grading,
retaining walls and structure is granted final approval for construction. The
applicant will also be required to obtain a building permit for the project,
including the review of site drainage.
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.76.040(H) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, and with the appropriate appeal fee, no later than fifteen (15)days following April
25, 2006, the date of the Planning Commission's final action.
Section 3: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves a grading
approval (Planning Case No. ZON2004-00517) 4,463 cubic yards of grading for the
construction of a new 5,041-square-foot 2-story single-family residence, located at 30142
Cartier Drive, subject to the conditions of approval in the attached Exhibit W.
P.C. Resolution No. 2006-22
Page 4 of 9
PASSED, APPROVED, AND ADOPTED this 25th day of April 2006, by the following vote:
AYES: Commissioners Karp, Lewis, Perestam, Ruttenberg and Tetreault,
Vice Chairman Gerstner and Chairman Knight
NOES: none
ABSTENTIONS: none
ABSENT: none
irr� t
roan
Joe ojas, A P
t-�
Director of Planning, Building
and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resonation No. 2006-22
Page 5 of 9
EXHIBIT '
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2004-00517
(Abdulailm-Mohammed, 30142 Cartier Drive)
General Conditions:
1 Prior tothe submittal of plans into Building and Safety plan check,the applicant and
the property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified,all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for4,463 cubic yards of grading forthe construction of a new 5,041-
square-foot
,041-square-foot 2-story single-family residence. The Director of Planning, Building and
Code Enforcement is authorized to make minor modifications to the approved plans
and any of the conditions of approval if such modifications will achieve substantially
the same results as would strict compliance with the approved plans and conditions.
Otherwise, any substantive change to the project shall require approval of a revision
to the grading approval by the Planning Commission and shall require new and
separate environmental review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-2 district
development standards of the City's Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless, prior
to expiration, a written request for extension is filed with the Department of
Planning, Building and Code Enforcement and approved by the Director.
P.C. Resolution No. 2006-22
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Otherwise, a grading approval revision must be approved prior to further
development.
7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department,the stricter standard
shall apply.
8. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of this Resolution.
9. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code.
11. The approved project shall maintain a maximum of 40% lot coverage (35.5%
proposed). Maximum hardscape coverage within the 20-foot front-yard setback
area shall not exceed 50%.
12. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9° in width and 20° in depth, with minimum 7° vertical clearance.
13. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code, and shall not exceed
2,000 W incandescent(or equivalent). No single lighting fixture may exceed 150 W
incandescent (or equivalent).
14. The applicant shall obtain an encroachment permit from the Director of Public
Works for the proposed curb cut and any other temporary or permanent
improvements within the public right-of-way of Cartier Drive.
15. Prior to building permit final, the applicant shall submit a site landscape plan,
including the parkway of Cartier Drive,for the review and approval of the Director of
Planning, Building and Code Enforcement. The landscape plan shall incorporate
drought-tolerant plant species and low water use irrigation systems. All new trees
P.C. Resolution No. 2006-22
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and shrubs shall be maintained so as not to significantly impair views from
surrounding properties. The approved site landscaping shall be installed within
ninety (90) days of building permit final.
Grading Conditions:
16. This approval is for a 5,041-square-foot, 2-story single-family residence, consisting
of 2,036 square feet of living area and a 660-square-foot garage on the first floor,
and 2,345 square feet of living area on the second floor. BUILDING AREA
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to building permit final.
17. The maximum ridgeline of the approved project is 139.17'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
18. The approved residence shall maintain setbacks of 35'front, 51' rear, 16' north side
and 12' south side. BUILDING SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection.
19. The permitted grading quantities for the house,driveway and retaining walls shall be
as follows:
Area Cut Fill Total Earth Movement Net Earth Movement
House 2,174 CY 0 CY 2,174 CY <2,174 CY>
Footprint
Outside 2,182 CY 107 CY 2,289 CY <2,075 CY>
Footprint I
Total 4,356 CY 1 107 CY 4,463 CY <4,249 CY>
The maximum depth of cut shall be 25 feet and the maximum depth of fill shall be 3
feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED.
20. The applicant shall furnish the City with copies of landfill receipts for the approved
export of 4,249 cubic yards of material prior to Building Permit final.
21. The maximum height of the downslope retaining wall along the front property line
shall not exceed 3Y2 feet in height. The maximum height of the upslope retaining
wall adjacent to the driveway shall not exceed 5 feet in height. The maximum
height of the retaining wall in the northerly side yard shall vary from 5 feet to 8 feet
in height. The maximum height of the retaining wall in the southerly side yard shall
vary from 5 feet to 12 feet in height. The maximum heights of the two upslope
P.C. Resolution No. 2006-22
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retaining walls in the rear yard shall be 4 feet and 10 feet,with a minimum horizontal
separation of 3 feet to be provided between the walls.
22. Maximum new slopes shall not exceed 67% adjacent to the driveway and
motorcourt, and 50% elsewhere on the property.
23. The applicant shall prepare a haul route plan for trucks hauling spoils from the
project site to where this material will be disposed. The plan shall be approved by
the Director of Public Works before the City issues the project a grading permit.
Haul routes used to transport soil exported from the project site shall minimize
exposure of sensitive receptors to potential adverse noise levels from hauling
operations. Trucks shall not park, queue and/or idle at the project site or in the
adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in
accordance with the permitted hours of construction stated in Condition No. 10 of
this Resolution.
24. Maximum driveway slopes shall not exceed 20 percent.
MAProjects\ZON2004-00517(Abdulalim,30142 Cartier Dr)\PC Resolution 2006-22.doc
P.C. Resolution No. 2006-22
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